New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7 (4))
In this Schedule--
"Board" means the Board of the Trust.
"Chairperson" means the Chairperson of the Board.
"Deputy Chairperson" means the Deputy Chairperson of the Board.
"member" means any member of the Board.
Subject to this Schedule, a member holds office for such period (not exceeding 5 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member holds office on a part-time basis.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(1) A member may, from time to time, appoint a person to be the deputy of the member, and may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(4) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
(5) This clause does not operate to confer on the deputy of a member who is the Chairperson or Deputy Chairperson the member's functions as Chairperson or Deputy Chairperson.
(1) The office of a member becomes vacant if the member--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause, or(e) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Minister may remove a member from office at any time.
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The Minister may, in a member's instrument of appointment or by subsequent instrument, appoint a member to be Chairperson or Deputy Chairperson.
(2) The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if he or she--(a) is removed from that office by the Minister under this clause, or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member of the Board.
(3) The Minister may at any time remove the Chairperson or Deputy Chairperson from office as Chairperson or Deputy Chairperson.
(1) If--(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the member--(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines--(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(5) For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of the Board.
(7) This clause applies to a member of a committee of the Trust and the committee in the same way as it applies to a member of the Board and the Board.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) If by or under any Act provision is made--(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
A matter or thing done or omitted to be done by the Board, a member of the Board, a committee of the Trust or a person acting under the direction of the Board does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act, to be as determined by the Board.
The quorum for a meeting of the Board is a majority of its members for the time being.
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Board who are present at a meeting of the Board) is to preside at a meeting of the Board.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Board made at a meeting of the Board.
(2) The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3) For the purposes of--(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.